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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No. EB-04-IH-0605
)
Southern Rhode Island Public Radio Acct. No. 200832080079
Broadcasting, Inc. )
FRN 00049437088
Licensee of Noncommercial Educational )
Station WKIV(FM), Westerly, Rhode Island Facility ID No. 84180
)
)
ORDER
Adopted: March 13, 2008 Released: March 13, 2008
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (the "Bureau") and Southern Rhode
Island Public Radio Broadcasting, Inc. ("SRIPRB"), licensee of
Noncommercial Educational Station WKIV(FM), Westerly, Rhode Island.
The Consent Decree terminates an investigation by the Bureau into
whether SRIPRB violated Section 399B of the Communications Act of
1934, as amended, and Section 73.503(d) of the Commission's rules, in
connection with the broadcast by SRIPRB of underwriting
acknowledgments over the stations.
1. The Bureau and SRIPRB have negotiated the terms of the Consent Decree,
a copy of which is attached hereto and incorporated by reference.
2. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation. In the
absence of material new evidence relating to this matter, we conclude
that our investigation raises no substantial or material questions of
fact as to whether SRIPRB possesses the basic qualifications,
including character qualifications, to be or remain a Commission
licensee.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, and the authority delegated by
Sections 0.111 and 0.311 of the Commission's rules, the attached
Consent Decree IS ADOPTED.
4. IT IS FURTHER ORDERED that the "Complaint" dated November 23, 2004,
and supplemented February 25, 2005, alleging violation of the
Underwriting Laws by SRIPRB, IS DISMISSED.
5. IT IS FURTHER ORDERED that the investigation by the Enforcement Bureau
IS TERMINATED.
6. IT IS FURTHER ORDERED that SRIPRB shall make its voluntary
contribution to the United States Treasury, as specified in the
Consent Decree, by mailing a check or similar instrument payable to
the order of the Federal Communications Commission, to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code).
7. IT IS FURTHER ORDERED that copies of this Order shall be sent by
regular first class mail and certified mail - return receipt
requested, to Southern Rhode Island Public Radio Broadcasting, Inc.,
244 Post Road, Westerly, Rhode Island 02891, and to its counsel, David
Oxenford, Esq., and Karen Ross, Esq., Davis Wright Tremaine, LLP, 1919
Pennsylvania Avenue, N.W., Suite 200, Washington, D.C. 20006.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
At the time of the complaint, the station's call sign was WBLQ(FM).
See 47 U.S.C. S: 399b.
See 47 C.F.R. S: 73.503(d).
See 47 U.S.C. S: 154(i).
See 47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 08-527
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Federal Communications Commission DA 08-527